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Bombay High Court

MUSA SULTAN KHANversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court modified the bail conditions by reducing the bond, deleting the passport/visa requirement, and adding a communication condition, thereby allowing the interim application.

Summary

Musa Sultan Khan, a foreign national, was granted bail on 2 May 2025 with several conditions, including a Rs.1 lakh personal bond and the production of a passport and visa. He remained incarcerated and filed an interim application seeking modification of those conditions, arguing inability to furnish the high bond and that the passport/visa requirement was incongruous. The court, relying on Supreme Court precedents (Union of India v. Chidiebere Kingsley Nawchara and Frank Vitus v. NCB), reduced the bond to Rs.25,000 with one or two sureties, deleted the passport/visa condition, and substituted it with a requirement that the prosecuting agency inform the Foreign Regional Registration Officer. The remaining bail conditions were left unchanged. The interim application was allowed and disposed, effecting the modified bail terms.

Issues considered

  • Whether the bail bond amount can be reduced for a foreign national unable to furnish the original amount.
  • Whether the condition requiring production of passport and visa is valid for a foreign national on bail.
  • Whether the bail conditions should be altered to include communication with the Foreign Regional Registration Officer as per Supreme Court guidance.

Legislation cited

Subjects

  • bail
  • foreign national
  • personal bond
  • passport condition
  • registration of foreigners
  • modification of bail conditions
  • Supreme Court precedent

Judgment

                                                                        41. CRI IA-3041-26.odt


Amberkar

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION


                           INTERIM APPLICATION NO. 3041 OF 2026
                                            IN
                             BAIL APPLICATION NO. 679 OF 2025

           Musa Sultan Khan                                          .. Applicant
                      Versus
           The State of Maharashtra                                  .. Respondent
                                   ....................
            Mr. Abdul Wahab Shaikh a/w Ms. Aashma Sayyed, Advocates for
             Applicant
            Ms. Gauri S. Rao, APP for State
                                           ...................
                                          CORAM : MILIND N. JADHAV, J.
                                          DATE          : OCTOBER 7, 2026
           P. C.:

           1.       Heard Mr. Shaikh, learned Advocate for Applicant and Ms. Rao,

           learned APP for State.


           2.       Present Interim Application seeks modification of certain bail

           conditions which are stipulated for the purpose of granting bail in the

           order dated 02.05.2025 passed in Bail Application No. 679 of 2025. It

           is irony that though the order granting bail was passed in May 2025,

           Applicant is still languishing in jail. Applicant is a foreign national as

           informed by Mr. Shaikh.


           3.       Firstly it is argued that condition No. (ii) in the operative part

           requires the Applicant to furnish P.R. bond of Rs. 1 Lakh. Mr Shaikh

           would submit that Applicant is not in a position to garner that amount


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                                                                     41. CRI IA-3041-26.odt


since he does not know any person. On instructions, he would submit

that Applicant has now accumulated some amount with the aid and

assistance of well-wishers and now ready and willing to furnish PR

Bond of Rs. 25,000/- with two solvent sureties in the like amount. In

that view of the matter, condition No. (ii) stands modified as under:-


          (ii)        Applicant is directed to be released on bail on furnishing

                      P.R. Bond of Rs. 25,000/- (Rupees Twenty Five Thousand

                      only) with one or two sureties of the like amount. It is

                      clarified that no bail bond in respect of an accused of a

                      non-bailable offence who is a foreign national such as in

                      the present case, shall be executed by a Licensed

                      Professional Bail Bondspersons save with the express

                      permission of the concerned Court accepting bail and

                      surety bond.              This condition is added in view of the

                      decision of the Supreme Court in the case of Union of

                      India Vs. Chidiebere Kingsley Nawchara & Ors.1

4.        Condition No. (iii) requires release of the Applicant subject to

production of valid passport and visa. Such condition in my opinion is

prima face incongruous, innocuous and should not be imposed. In

view of the decision of the Supreme Court in the case of Frank Vitus v.

Narcotics Control Bureau & Ors.2, the proper procedure for releasing a
1    SLP (Cri) No(s). 14185 of 2025

2    Criminal Appeal No.2814-2815 of 2024 decided on 06.01.2025.



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                                                                          41. CRI IA-3041-26.odt


           foreigner on bail would be the requirement as suggested in the said

           order by the Supreme Court of requiring him to register himself with

           the Foreign Regional Registration Office within a period of two weeks

           from the date of his release. Save and except that, the condition

           numbers (iii), (iv) and (v) stand deleted. Hence, in place of condition

           Nos. (iii), (iv) and (v), only             the following condition No. (iii) is

           substituted:-


                   "(iii) The concerned prosecuting Agency shall immediately

                                  communicate this order of grant of bail to the concerned

                                  Registration Officer appointed under Rule 3 of the

                                  Registration of Foreigners Rules, 1992 within the meaning

                                  of the Foreigners Act, 1946. This condition is added in

                                  view of the decision of the Supreme Court in the case of

                                  Frank Vitus v. Narcotics Control Bureau & Ors. (supra)"

           5.       The rest of the conditions in the bail order dated 02.05.2025

           shall remain the same. This order shall be read along with the order

           dated 02.05.2025 for the purpose of releasing the Applicant on bail.


           6.       Interim Application is allowed and disposed.



Amberkar                                                  [ MILIND N. JADHAV, J. ]
                    Digitally signed
                    by RAVINDRA
           RAVINDRA MOHAN
           MOHAN    AMBERKAR
           AMBERKAR Date:
                    2026.10.07
                    14:34:40 +0530




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